The inaugural session of the global forum, Caregivers Under Trial: A Global Forum on Mothers in Detention and Their Children , commenced at the Tata Institute of Social Sciences (TISS) in Mumbai on November 1, 2026, drawing significant attention from the legal and social welfare communities. The event brought together judicial luminaries, academicians, and global experts to scrutinize the systemic challenges faced by children whose mothers are caught within the criminal justice system. Supreme Court of India Judge Justice Vikram Nath, serving as the Executive Chairperson of the National Legal Services Authority (NALSA), delivered the keynote address, while Chief Justice Mahesh Chandra Tripathi of the Bombay High Court, the Patron-in-Chief of the Maharashtra State Legal Services Authority (MSLSA), participated as the Guest of Honour.

The forum, a collaborative effort organized by Prayas and the Centre for Criminology and Justice at TISS, in coordination with the Children of Incarcerated Caregivers (CIC) and the Global Prison Nursery Network (GPNN), aimed to bridge the gap between criminal justice policy and the developmental rights of children. The deliberations highlighted the critical need for an integrated approach to legal aid and social support for families, acknowledging that children of incarcerated mothers often become the "hidden victims" of the penal process.

Assessing the Multi-Dimensional Impact of Incarceration

Prof. Vijay Raghavan opened the conference with a pointed focus on the purpose of the gathering: to deeply examine the ripples caused by a mother's arrest on her children. The dialogue encompassed a spectrum of experiences, ranging from infants born within prison walls, who may remain there until the age of six, to children left to fend for themselves outside. The session scrutinized the efficacy of current institutional arrangements, where the lack of adequate guardianship often leaves these children vulnerable to developmental deficits and social alienation.

Justice Vikram Nath, in his address, emphasized the role of legal authorities in ensuring that the constitutional protections afforded to citizens extend to those residing in correctional facilities, particularly minors caught in the periphery of a parent’s incarceration. The focus shifted toward the procedural hurdles that often prevent timely legal access, highlighting that judicial oversight must account for the collateral consequences of detention. The keynote address underscored that while the law focuses on the culpability of the accused, the humanitarian repercussions for innocent children must remain a priority for legal services authorities.

Chief Justice Mahesh Chandra Tripathi added that the MSLSA is committed to identifying, through the network of legal services, those children who lack support systems due to their mother's confinement. By identifying these gaps, authorities aim to bridge the disconnect between punitive justice and social rehabilitation, ensuring that the legal system acts as a protective shield rather than a barrier to the basic rights of these children.

Institutional Integration and Future Policy Directions

The integration of legal aid with social work practices took center stage as Julie Matonich, representing the CIC, introduced the innovative work being conducted by her organization and the GPNN. The presentation provided a global context to the issue, demonstrating how various jurisdictions manage the dual concerns of public safety and child welfare. The discussion emphasized that the "nursery" concept within prisons is not merely a provision of space but a necessary infrastructure for early childhood development that should be standardized.

Prof. Bipin Jojo, Dean of the School of Social Work at TISS, welcomed the gathering by framing the discourse within the history of TISS’s commitment to criminal justice. He noted that the institution has long served as a locus for connecting academic theory with ground-level social work, which is essential for addressing the complexities of the penal system. The Vice Chancellor, Prof. Badri Narayan Tiwari, concluded the opening remarks by describing the event as a pivotal moment for dialogue about the future. He noted that TISS serves as a space for such discourse, emphasizing that for these children, legal interventions must go beyond procedural compliance to provide "stories and hope for the future."

The event marks a significant procedural shift, moving away from purely descriptive research toward an outcome-oriented advocacy model that seeks to influence policy at the state and national levels. The forum serves as a platform for drafting recommendations that might eventually guide legal services authorities in implementing more humane protocols for caregivers under trial.

Collaborative Frameworks for Long-Term Support

The discussions at the forum are expected to culminate in a set of actionable insights that legal professionals and social work practitioners can employ to better assist children of incarcerated parents. By leveraging the reach of NALSA and the technical expertise of institutions like TISS, the participants seek to build a robust framework that minimizes the trauma of separation.

The conference serves as a focal point for current and future policy debates, shifting the focus from simply discussing the hardships of the incarcerated population to creating sustainable legal safeguards for their children. As the forum continues its deliberations, the focus remains on the implementation of specialized legal aid clinics that can effectively intervene in cases where a mother’s arrest threatens the stability of her child. The immediate goal, as voiced by the attendees, is to ensure that legal systems, which are currently preoccupied with the mechanics of trials and bail, do not overlook the developmental trajectory of the next generation. The event’s conclusion will set the stage for further legislative engagement, with NALSA and MSLSA expected to spearhead efforts to incorporate these findings into ongoing legal aid awareness campaigns across the country.